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(영문) 수원지방법원 평택지원 2021.01.15 2020고단813
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 7 million on October 28, 2009 as a crime of violation of Road Traffic Act (drinking driving) in the Suwon District Court of Suwon District on October 28, 2009.

[2] The Defendant, on March 30, 2020, driven a wing wing car at the FSP level with alcohol concentration of about 0.151% in blood in around 300 meters from the roads near the C cafeteria located in Ansan City B to the roads near the D D building E-dong parking lot in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

No person of 2020 shall operate any motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, on March 22, 2020, the Defendant owned a FPP car and operated the said car not covered by mandatory insurance from the front of the “Gtel in Ansan-si around 10:00 on March 22, 2020 to the front of the same time,” which was about 5 km from the front of the “Gtel in Ansan-si,” to the front of the same time.

Summary of Evidence

[200 order 813]

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Scenic photographs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of such type of force);

1. Statement by the defendant in court;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to arrest and report cases (violation of the Guarantee of Automobile Damage Compensation);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance, the selection of imprisonment, etc.);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes to the extent that the punishment is added up to the maximum of the long-term punishment for the crimes of violating the Road Traffic Act with heavy punishment).

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